Legislation
In October 2003 European Union legislation, 'The Block Exemption Regulations 1400/2002' (BER) came into force.
This gave motorists more freedom in their decisions as to who should repair and service their vehicles - now any garage can be used without invalidating the manufacturer's warranty (subject to certain conditions).
This was as a result of four specific 'freedoms' that were introduced, aimed at safeguarding free competition in the entire market, for vehicle spare parts, service and repair.
- Parts distributors can supply parts of the appropriate quality to dealers and authorised repairers without the vehicle manufacturer/assembler using 'dealer/repairer contracts' or other means to prevent them.
- Parts manufacturers can no longer be forced by their original equipment (OE) contract to limit supply of parts to the vehicle manufacturer/assembler.
- Parts manufacturers can supply OE products under their own brand so motorists and repairers will not feel they have to go to a main dealer for a certain part.
- Anyone with legitimate need for technical information has the right of access to it in a usable form and at a reasonable cost.
The BER covers service and maintenance during the warranty period and prohibits a vehicle manufacturer's warranty from including conditions requiring that:
- all normal maintenance be provided within the vehicle manufacturer's network.
- all parts used must be the manufacturer's original spare parts.
The European Commission declared that such clauses in a warranty document would represent 'an unjustified restriction for the consumer'
The Automotive Distribution Federation (ADF have written proof from the Office of Fair Trading (OFT) that:
Independent repairers can carry out normal maintenance and repair services during a vehicle's warranty period without invalidating the warranty conditions, providing that:
- the service is carried out in accordance with the manufacturer's servicing schedules and is recorded as such.
- any parts used are of 'appropriate quality' and are recorded as such.
